Published on 12/3/2025, 9:00:00 AM
First Time Offense Credit Card Theft in Maryland: What To Expect
A first allegation involving a credit or debit card can feel stressful. Banks flag transactions, stores pull video, and investigators may try to combine purchases to raise the stakes. In Maryland, “credit card” includes debit cards and even an account number that can move money or obtain goods. That means a case can proceed without the physical plastic.
How these cases start
- A cardholder reports unauthorized use
- The bank or merchant flags activity and provides records
- Police seek video, POS logs, and witness statements
Read our overview: credit card fraud in Maryland and Maryland theft lawyer.
Penalties depend on value and proof
Many first-time use cases are charged under Crim. Law Section 8-206 for using a stolen or counterfeit card, or for pretending to be the cardholder. Penalties hinge on the total value the State can prove:
- $100,000 or more: felony, up to 20 years and $25,000 fine
- $25,000 to under $100,000: felony, up to 10 years and $15,000 fine
- $1,500 to under $25,000: felony, up to 5 years and $10,000 fine
- $100 to under $1,500: misdemeanor, up to 1 year and $500 fine
- Under $100: misdemeanor, up to 90 days and $500 fine
Maryland allows the State to treat one scheme or continuing course of conduct as a single violation and aggregate the value across transactions to set the tier.
Prosecutors also charge merchants or situations involving acceptance of a stolen or counterfeit card under Crim. Law Section 8-207. That section uses the same value ladder and aggregates the value furnished or not furnished.
You may also see general theft charged under Title 7 instead of the credit-card-specific statutes. For those tiers, start with these primers: theft under $100 and theft $100 to $1500. For pattern allegations, see what is a theft scheme.
What is “credit card theft” in Maryland?
Some first-timers are charged with credit card theft under Crim. Law § 8-204 for taking a card, keeping a misdelivered or lost card to use or transfer, buying or selling a card, or receiving a card knowing it was stolen. This is a misdemeanor punishable by up to 18 months and a $500 fine.
Defense angles that matter
- Authorization and mistaken identity. The State has to prove lack of consent and, for theft-type charges, that you knew the card was taken or obtained by false statement.
- Card or number. The definition includes debit cards and account numbers. The State must still prove lack of authorization and the connection to any transactions.
- Reliability of video and witness identifications
- Lawful acquisition of device/account data and POS records
- Accurate value calculations and aggregation limits
- Chain of custody and documentation gaps
What to do right now
- Do not discuss facts with anyone but your lawyer.
- Gather receipts, statements, messages, and card/bank records.
- Move quickly to preserve surveillance and POS logs. If you receive a 10-day affidavit notice, calendar the 5-day deadline to demand the cardholder’s appearance.
- Get counsel in early to protect your rights and shape the record.
When first-timers avoid the worst outcomes
Early mitigation, restitution documentation, and targeted motions practice can change results. Outcomes always depend on the specific facts and proof.
Talk to a lawyer today
Focused, early work can make a difference in first-time cases. See our Credit Card Theft Lawyer in Maryland page, review theft cases, and contact us for a free consultation.
FAQs
Q: Do debit cards count as “credit cards” under Maryland law?
A: Yes. Maryland’s definition covers debit cards and even account numbers that can obtain goods, services, or money.
Q: Can the State combine multiple small purchases?
A: Yes. Transactions in one scheme or continuing course of conduct can be combined to determine the charge level.
Q: What if the State serves a cardholder affidavit?
A: The State can use a sworn cardholder affidavit with proper notice. You can demand live testimony by filing a written demand within the deadline.
Q: Are first-time cases always misdemeanors?
A: No. Charge level depends on the total value tied to the scheme and the statute the State uses.
